The controversy hanging around the newly signed electoral law seems not going to end any time soon. The s. 84(12) which has been the centre point of the controversy is still lingering around.
Previously, the president advised the lawmakers to expunge the section completely from the new law but the lawmakers refused to heed the presidential advice, the Attorney General of the Federation has also approached the parliament and requested the removal of that section but the parliaments refused to remove this notorious section from the law.
What is the impeccable provision of this section that is making everyone to be running helter-skelter, especially public office holders who have an interest in contesting for political offices come 2023?.
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This section stipulates that anyone holding a political office – ministers, commissioners, special advisers, and others – must first relinquish the position before they can be eligible to participate in the electoral process either as a candidate or as a delegate.
To this effect, every appointed political office holder under this present political dispensation who has an eye on any elective political post in the upcoming election must first resign before that individual can participate in any electoral process even if as a delegate or as a candidate.
This section directly affects individuals like Malami, Amechi, Festus Keyamo, and others who are currently in the executive cabinet but rumored to be making plans of contesting in different elective positions. This means that Amechi and the likes must first resign as a minister of the federation before he can openly declare to contest or participate in any political process be it as a political candidate or as a political delegate.
The lawmakers are of the opinion that political appointees should not involve themselves in partisan politics, if they must do, they will first have to relinquish their offices and appointments. This is to ensure that those appointed to occupy different positions discharge their duties without any political affiliation.
The struggle for the extinguishment of this notorious section 84(12) of the 2022 electoral act got a break yesterday as the Federal High Court sitting in Umuahia, Abia State in a judgment has ordered the Attorney-General of the Federation to immediately delete Section 84 (12) of the amended Electoral Act.
Her Lordship, Justice Evelyn Anyadike on Friday held that the section was unconstitutional, invalid, illegal, null, void, and of no effect whatsoever and cannot stand, as it violates the clear provisions of the Constitution and since it is inconsistent with the provisions of the constitution it is to the extent of its inconsistency null and void.
In the suit marked FHC/UM/CS/26/2022, Justice Anyadike further stated that Sections 66(1)(f), 107(1)(f), 137(1)(f), and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election and that any other law that mandated such appointees to resign or leave the office at any time before that was unconstitutional, invalid, illegal null and void to the extent of its inconsistency to the clear provisions of the Constitution.
We patiently await how this political game of thrones will turn out in the coming days, will this judgment be appealed? Will the lawmakers protest for the ridicule the high court judge of Abia state has subjected them to, what will be the reaction of the general public?
Answers to these questions will surely unfold in the coming days, till then, we will sit tight to enjoy the drama.